W. David Hall v. Zora Humphrey

This is a conservatorship action initiated by University of Tennessee Medical Center with
respect to one of its patients. The trial court granted the hospital’s petition for
conservatorship based in part on a physician’s affidavit and medical examination report
attached to its petition. The respondent has appealed, arguing that the trial court erred by
considering the physician’s affidavit and report, by denying her motion for a continuance,
and by finding clear and convincing evidence that she was disabled and in need of a
conservator. Given that no party introduced the physician’s affidavit and report into
evidence, we conclude that the trial court erred by considering these documents as
evidence. We further conclude that the trial court’s final judgment is deficient due to its
dearth of factual findings. We therefore vacate the trial court’s judgment appointing a
conservator for the respondent and remand for a new hearing on the petition.